The Application of the Three Criteria Test: An Empirical Research on Media Transmission Markets
21 Pages Posted: 15 Apr 2009
Date Written: April 14, 2009
The three criteria test is a mechanism within the electronic communications regulation to determine whether a market can be susceptible to ex ante regulation. As an important mechanism, the three criteria test nevertheless has not attracted much academic interest. Furthermore, the European Commission’s problematic definition on broadcasting transmission markets in its recommendation on relevant markets in practice turns the three criteria test into a necessary step for the market analysis. This article illustrates the empirical application of the three criteria test, in particular, to broadcasting transmission markets based on the Commission decisions under Article 7 of the Framework Directive, with an aim to interpret abstract economic terms in the context of the three criteria test by concrete legal examples.
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